Prosecution Insights
Last updated: October 02, 2026
Application No. 18/351,156

BASE STATION AND METHOD PERFORMED BY THE SAME

Non-Final OA §103
Filed
Jul 12, 2023
Priority
Jul 15, 2022 — CN 202210836994.5 +1 more
Examiner
WELTE, BENJAMIN PETER
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
3 (Non-Final)
64%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
28 granted / 44 resolved
+5.6% vs TC avg
Moderate +15% lift
Without
With
+14.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
31 currently pending
Career history
93
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
79.7%
+39.7% vs TC avg
§102
17.4%
-22.6% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 44 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The amendment submitted on 04/20/2026 has been received and considered by the Examiner. Claims 1, 17, 21, 23, 25-26, and 34-35 were amended, claims 2-16, 18, 22, 27, and 30-33 were previously cancelled, and claims 1, 17, 19-21, 23-26, 28-29, and 34-36 remain pending. Claim Objections Claim 21 is objected to because it contains a grammatically incorrect sentence that, in context, appears to distort the intended meaning of the claims. It recites “obtaining second indication information indicating that a user plane associated with communication between the DU and the CU for the first TMGI included in the response message”. In the context of claim 1, a similar independent claim, it seems like this clause was intended to read “obtaining second indication information indicating that a user plane associated with communication between the DU and the CU for the first TMGI included in the response message is not established”, or something similar to this. As it is currently worded, independent claim 21 does not require the second indication to convey that no user plane is established. Response to Arguments Applicant’s arguments with respect to claim(s) 1, 17, 19-21, 23-26, 28-29, and 34-36 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1, 20-21, 24-25, 29, 34, and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dai et al. (US 2024/0236619 A1, hereinafter “Dai”) in view of Aghili et al. (US 2019/0014530 A1, hereinafter “Aghili”). As to Claim 1 and 25: Dai describes methods for a distributed unit and a base station to establish a multicast connection. Specifically, Dai teaches: A distributed unit (DU) of a base station in a communication system Fig. 8 in Dai and the accompanying description in paragraphs 0067-0068 in Dai describe setting up a MBS session involving a DU. Receiving, from a central unit (CU) of the base station, a first request message to request broadcast context establishment associated with a multicast and broadcast service (MBS) In describing step 801 of Fig. 8, Dai states “the CU may transmit the bearer context ID in a bearer context setup request message to the DU” for “an MBS session” (Dai, 0067). The first request message includes a first temporary mobile group identifier (TMGI) and first indication information Paragraph 0067 of Dai states the setup request message may include “a temporary mobile group identity (TMGI)” and “an MBS session ID” (Dai, 0067). Establishing a broadcast MBS session context corresponding to the first TMGI Dai states that a DU can respond to a “bearer context setup request message” with “an MBS session ID”, confirming the creation of that MBS session context (Dai, 0067). Communication between the DU and the CU for the first TMGI Dai teaches that “the DU may transmit a bearer context setup response message to the CU” which “further indicates at least one of: ... a temporary group identity (TMGI)” (Dai, 0067). A response message corresponding to the broadcast MBS session context being established Dai states that a DU can respond to a “bearer context setup request message” with “an MBS session ID”, confirming the creation of that MBS session context (Dai, 0067). Transmitting, to the CU, the response message Dai states that a DU can respond to a “bearer context setup request message” with “an MBS session ID”, confirming the creation of that MBS session context (Dai, 0067). Dai does not explicitly disclose: Determining, based on the first indication information, not to establish a user plane associated with communication Including second indication information indicating that the user plane is not established in a response message The response message including the second indication information However, Aghili does describe a method to forego establishing a user plane and send small amounts of data over the control plane. Specifically, Aghili teaches: Determining, based on the first indication information, not to establish a user plane associated with communication Aghili describes a method for a network to complete a service request “without establishing a user plane bearer” by having the WTRU “include an indication (e.g., such as a control plane only indication) in an NAS message” (Aghili, 0068). Here, the “control plane only indication” maps to “the first indication information”, and “without establishing a user plane bearer” maps to “not to establish a user plane associated with communication”. Including second indication information indicating that the user plane is not established in a response message Aghili states that a network “may send a NAS message (e.g., a service accept message) to the WTRU” in response to the service request, later clarifying that “[i]nformation that may be included in a Service Accept message may be included in a Service Request message from a WTRU” such as “a request to send user data via the control plane”, an implicit indication that there is no user plane (Aghili, 0068, 0071). Here, “a request to send user data via the control plane” answered with a control plane “NAS message” maps to “second indication information indicating that the user plane is not established in a response message”. The response message including the second indication information Aghili states that a network “may send a NAS message (e.g., a service accept message) to the WTRU” in response to the service request, later clarifying that “[i]nformation that may be included in a Service Accept message may be included in a Service Request message from a WTRU” such as “a request to send user data via the control plane”, an implicit indication that there is no user plane (Aghili, 0068, 0071). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the explicit signaling that a user plane is not necessary described in Aghili into Dai’s method for establishing a broadcast session between a control unit and a distributed unit. Creating a new user plane may be unnecessary in both situations for different reasons, so Aghili’s signaling would be beneficial in either scenario to configure a new connection without a user plane. Claim 25 encompasses substantially the same subject matter as Claim 1 in the form of an apparatus claim that additionally requires: A transceiver; and a processor coupled with the transceiver and configured Fig. 11 in Dai shows a “processor 1108” connected to “transmitting circuitry 1106”. As to Claim 20, 24, 29, and 36: Dai teaches: The response message further includes an MBS radio bearer (MRB) identifier associated with the first TMGI Paragraph 0067 of Dai states that “the bearer context setup request message” from “the DU” may include “an ID of a RB” along with “a temporary mobile group identity (TMGI)” (Dai, 0067). Table 1 of Dai further clarifies that the “ID of a RB” is a “MRB ID” in the DU’s response to set up a user context for a tunnel. Claim 24 encompasses the same subject matter as Claim 20 from the perspective of the CU. Claim 29 encompasses the same subject matter as Claim 20 in the form of an apparatus claim. Claim 36 encompasses the same subject matter as Claim 20 from the perspective of the CU and in the form of an apparatus claim. As to Claim 21 and 34: Dai teaches: A central unit (CU) of a base station in a communication system Fig. 8 in Dai and the accompanying description in paragraphs 0067-0068 in Dai describe setting up a MBS session involving a DU. Transmitting, to a distributed unit (DU) of the base station, a first request message to request broadcast context establishment associated with a multicast and broadcast service (MBS) In describing step 801 of Fig. 8, Dai states “the CU may transmit the bearer context ID in a bearer context setup request message to the DU” for “an MBS session” (Dai, 0067). The first request message includes a first temporary mobile group identifier (TMGI) and first indication information Paragraph 0067 of Dai states the setup request message may include “a temporary mobile group identity (TMGI)” and “an MBS session ID” (Dai, 0067). Receiving, from the DU, a response message corresponding to the broadcast MBS session context being established Dai states that a DU can respond to a “bearer context setup request message” with “an MBS session ID”, confirming the creation of that MBS session context (Dai, 0067). Communication between the DU and the CU for the first TMGI Dai teaches that “the DU may transmit a bearer context setup response message to the CU” which “further indicates at least one of: ... a temporary group identity (TMGI)” (Dai, 0067). The first request message includes a first temporary mobile group identifier (TMGI) and indication information Paragraph 0067 of Dai states the setup request message may include “a temporary mobile group identity (TMGI)” and “an MBS session ID” (Dai, 0067). Dai does not explicitly disclose: Obtaining second indication information indicating that a user plane associated with communication The user plane being not established is associated with the first indication information However, Aghili does describe a method to forego establishing a user plane and send small amounts of data over the control plane. Specifically, Aghili teaches: Obtaining second indication information indicating that a user plane associated with communication Aghili states that a network “may send a NAS message (e.g., a service accept message) to the WTRU” in response to the service request, later clarifying that “[i]nformation that may be included in a Service Accept message may be included in a Service Request message from a WTRU” such as “a request to send user data via the control plane”, an implicit indication that there is no user plane (Aghili, 0068, 0071). Here, “a request to send user data via the control plane” answered with a control plane “NAS message” maps to “second indication information indicating that a user plane associated with communicating The user plane being not established is associated with the first indication information Aghili describes a method for a network to complete a service request “without establishing a user plane bearer” by having the WTRU “include an indication (e.g., such as a control plane only indication) in an NAS message” (Aghili, 0068). Here, the “control plane only indication” maps to “the user plane being not established is associated with the first indication information”. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the explicit signaling that a user plane is not necessary described in Aghili into Dai’s method for establishing a broadcast session between a control unit and a distributed unit. Creating a new user plane may be unnecessary in both situations for different reasons, so Aghili’s signaling would be beneficial in either scenario to configure a new connection without a user plane. Claim 34 encompasses substantially the same subject matter as Claim 1 in the form of an apparatus claim that additionally requires: A transceiver; and a processor coupled with the transceiver and configured Fig. 11 in Dai shows a “processor 1108” connected to “transmitting circuitry 1106”. Claim(s) 17, 19, 23, 26, 28, and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dai (US 2024/0236619 A1) in view of Aghili (US 2019/0014530 A1) and further in view of Ling et al. (US 2025/0098029 A1, hereinafter “Ling”). As to Claim 17 and 26: Dai teaches: Receiving, from the CU, a ... request message to request broadcast establishment associated with the MBS In describing step 801 of Fig. 8, Dai states “the CU may transmit the bearer context ID in a bearer context setup request message to the DU” for “an MBS session” (Dai, 0067). The combination of Dai and Aghili does not explicitly disclose: Receiving ... a second request message to request broadcast context establishment associated with the MBS The second request message includes the second TMGI and the first indication information The second TMGI is identified as associated with the first TMGI based on the first indication information However, Ling does describe a method to reuse an existing MBS session instead of establishing a new one if a large number of MBS sessions have already been established. Specifically, Ling teaches: Receiving ... a second request message to request broadcast context establishment associated with the MBS Fig. 1G in Ling and its accompanying description depicts a “N2 message Request” for a “MBS service area” (Ling, 0263). The second request message includes the second TMGI and the first indication information Fig. 1G in Ling and its accompanying description state the “N2 message Request” has an “associated TMGI” associated with “the first allocated TMGI” (Ling, 0263). The second TMGI is identified as associated with the first TMGI based on the first indication information Fig. 1G in Ling describes “utiliz[ing] the first allocated TMGI to be the identifier to associate broadcast MBS sessions from different CNs” (Ling, 0263). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Ling’s practice of reusing an existing user plane context into the scenario where a central unit needs to communicate with a distributed unit described in Dai. A distributed unit and a central unit can also benefit from reusing an existing user plane context. Claim 26 contains substantially the same subject matter as Claim 17 in the form of an apparatus claim. As to Claim 19 and 28: The combination of Dai and Aghili does not explicitly disclose: The indication information corresponds to network resource sharing being possible for a first broadcast MBS session corresponding to the first TMGI and a second broadcast MBS session corresponding to the second TMGI However, Ling does teach: The indication information corresponds to network resource sharing being possible for a first broadcast MBS session corresponding to the first TMGI and a second broadcast MBS session corresponding to the second TMGI Ling describes an “associated TMGI” for “the relevant TMGIs whose broadcast sessions are used to deliver the same content”, indicating the sessions can share resources (Ling 0290-0292, 0295). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Ling’s practice of reusing an existing user plane context into the scenario where a central unit needs to communicate with a distributed unit described in Dai. A distributed unit and a central unit can also benefit from reusing an existing user plane context. Claim 28 contains substantially the same subject matter as Claim 19 in the form of an apparatus claim. As to Claim 23 and 35: The combination of Dai and Ling does not explicitly disclose: The response message including the information corresponds to network resource sharing being possible for a first broadcast MBS session corresponding to the first TMGI and a second broadcast MBS session corresponding to a second TMGI The second TMGI is identified as associated with the first TMGI based on the first indication information However, Ling does teach: The response message including the information corresponds to network resource sharing being possible for a first broadcast MBS session corresponding to the first TMGI and a second broadcast MBS session corresponding to a second TMGI Ling describes an “associated TMGI” for “the relevant TMGIs whose broadcast sessions are used to deliver the same content”, indicating the sessions can share resources (Ling 0290-0292, 0295). The second TMGI is identified as associated with the first TMGI based on the first indication information Ling describes an “associated TMGI” for “the relevant TMGIs whose broadcast sessions are used to deliver the same content”, indicating the sessions can share resources (Ling 0290-0292, 0295). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Ling’s practice of reusing an existing user plane context into the scenario where a central unit needs to communicate with a distributed unit described in Dai. A distributed unit and a central unit can also benefit from reusing an existing user plane context. Claim 35 contains substantially the same subject matter as Claim 23 in the form of an apparatus claim. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen et al. (US 2025/0031017 A1) describes using a shared tunnel indicator to allow multiple UEs to share a user plane via a MBS session. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin Peter Welte whose telephone number is (703)756-5965. The examiner can normally be reached Monday - Friday, EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag G Shah can be reached at (571) 272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. BENJAMIN PETER WELTE Examiner Art Unit 2477 /GREGORY B SEFCHECK/Primary Examiner, Art Unit 2477
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Prosecution Timeline

Jul 12, 2023
Application Filed
Jan 22, 2025
Response after Non-Final Action
Oct 02, 2025
Non-Final Rejection mailed — §103
Jan 03, 2026
Response Filed
Feb 19, 2026
Final Rejection mailed — §103
Apr 20, 2026
Request for Continued Examination
Apr 29, 2026
Response after Non-Final Action
Sep 10, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
64%
Grant Probability
78%
With Interview (+14.7%)
3y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 44 resolved cases by this examiner. Grant probability derived from career allowance rate.

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